Home/New York Court of Appeals/MATTER OF WASHINGTON SQUARE INST. FOR PSYCHOTHERAPY & MENTAL HEALTH v. New York State Human Rights Appeal Bd.

MATTER OF WASHINGTON SQUARE INST. FOR PSYCHOTHERAPY & MENTAL HEALTH v. New York State Human Rights Appeal Bd.

490 N.E.2d 845, 67 N.Y.2d 699, 499 N.Y.S.2d 926, 1986 N.Y. LEXIS 16632
CourtNew York Court of Appeals
DecidedFebruary 6, 1986
StatusPublished
Cited by2 cases

This text of 490 N.E.2d 845 (MATTER OF WASHINGTON SQUARE INST. FOR PSYCHOTHERAPY & MENTAL HEALTH v. New York State Human Rights Appeal Bd.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MATTER OF WASHINGTON SQUARE INST. FOR PSYCHOTHERAPY & MENTAL HEALTH v. New York State Human Rights Appeal Bd., 490 N.E.2d 845, 67 N.Y.2d 699, 499 N.Y.S.2d 926, 1986 N.Y. LEXIS 16632 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Inasmuch as the alleged discriminatory act occurred prior to the effective date of the 1979 amendment to Executive Law § 292 (21), it was only necessary to demonstrate that complainant’s physical or medical condition in some way interfered with her performance in the training program in order to justify her dismissal. (See, Matter of Miller v Ravitch, 60 NY2d 527, 531-532; Matter of Westinghouse Elec. Corp. v State Div. of Human Rights, 49 NY2d 234, 237.) Here, it cannot be said that the Division’s determination, that complainant was unable sufficiently to participate in the program, was arbitrary and capricious. (See, State Off. of Drug Abuse Servs. v State Human Rights Appeal Bd., 48 NY2d 276, 284.)

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

Order affirmed, with costs, in a memorandum.

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Ramirez v. New York State Division of Human Rights
828 N.E.2d 80 (New York Court of Appeals, 2005)
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Bluebook (online)
490 N.E.2d 845, 67 N.Y.2d 699, 499 N.Y.S.2d 926, 1986 N.Y. LEXIS 16632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-washington-square-inst-for-psychotherapy-mental-health-v-new-ny-1986.